Existing law establishes the Department of Industrial Relations and defines its functions to include fostering, promoting, and developing the welfare of the wage earners of California. Existing law, the Dymally-Alatorre Bilingual Services Act, requires any materials explaining services available to the public to be translated into any non-English language spoken by a substantial number of the public served by the agency.

This bill would require the Department of Industrial Relations to develop and prepare a poster regarding domestic violence prevention that employers may display in their workplace and to make the poster available to employers for download through the departments internet website. The bill would authorize the department to consult with the Department of Justice as to the content and design of the poster. The bill would require that the poster be made available in English, Spanish, and any non-English language required under the Dymally-Alatorre Bilingual Services Act.

Existing law establishes the Department of Industrial Relations and defines its functions to include fostering, promoting, and developing the welfare of the wage earners of California.

This bill would require the Department of Industrial Relations to develop and prepare a poster regarding domestic violence prevention that employers may display in their workplace and to make the poster available to employers for download through the departments internet website. The bill would authorize the department to consult with the Department of Justice as to the content and design of the poster.

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

SB 526 (Limón) - Department of Industrial Relations: domestic violence prevention

Bill Summary:

SB 526 would require that the Department of Industrial Relations (DIR) develop and prepare a poster on domestic violence prevention that employers may download from the department’s website and display in their workplace.

Fiscal Impact:

Administrative costs to DIR have yet to be identified, but would potentially exceed $150,000 (special fund).

Background:

In California, all employers must meet workplace posting obligations. Workplace postings are usually available at no cost from the requiring agency. DIR requires employers to post information related to wages, hours and working conditions in an area frequented by employees where it may be easily read during the workday. Additional posting requirements apply to some workplaces.

Proposed Law:

This bill would (1) require DIR to develop and prepare a poster on domestic violence prevention, as specified, that employers may display in their workplace, and (2) authorize DIR to develop the content and design for the poster in consultation with the Department of Justice. The bill would require DIR to make the poster available in English, Spanish, and any non-English language spoken by a substantial number of the public, as specified.

Related Legislation:

SB 1193 (Steinberg, Chapter 515, Statutes of 2012) requires specified businesses and other establishments to post a notice informing the public and victims of human trafficking of telephone hotline numbers to seek help or report unlawful activity. Additional requirements were added with the enactment of SB 225 (Stern, Chapter 565, Statues of 2017) and AB 260 (Santiago, Chapter 547, Statues of 2017). SB 225 requires the model notice to provide a specified number that victims can text for services and support, while AB 260 added hotels, motels, and bed and breakfast inns to the list of specified businesses required to post the model notice.

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SENATE COMMITTEE ON LABOR, PUBLIC EMPLOYMENT AND RETIREMENT

Senator Dave Cortese, Chair

2023 - 2024 Regular

Bill No: SB 526 Hearing Date: April 26, 2023

SUBJECT: Department of Industrial Relations: domestic violence prevention

KEY ISSUE

Should the Legislature require that the Department of Industrial Relations develop and prepare a poster on domestic violence prevention that employers may download from the department’s website and display in their workplace?

ANALYSIS

Existing law:

1. The California Occupational Safety and Health Act, assures safe and healthful working conditions for all California workers by authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and by providing for research, information, education, training, and enforcement in the field of occupational safety and health. (Labor Code §6300)
2. Establishes the Department of Industrial Relations (DIR), within the Labor and Workforce Development Agency, to foster, promote and develop the welfare of the wage earners of California, to improve their working conditions and to advance their opportunities for profitable employment. (Labor Code §50 et seq.)

This bill:

1. Requires the Department of Industrial Relations to develop and prepare a poster on domestic violence prevention that employers may display in their workplace.
2. Requires the poster to include, at a minimum, the telephone number for the National Domestic Violence Hotline: 1-800-799-7233.
3. Requires DIR to make the poster at least 8.5 by 11 inches in size and use at least 12-point type font as well as making the poster available to employers for download through the department’s internet website.
4. Authorizes DIR to develop the content and design for the poster in consultation with the Department of Justice, so as to adequately fulfill the purpose of providing information about domestic violence prevention.

COMMENTS

1. Background: Workplace Postings

In California, all employers must meet workplace posting obligations. Workplace postings are usually available at no cost from the requiring agency. The Department of Industrial Relations requires employers to post information related to wages, hours and working conditions in an area frequented by employees where it may be easily read during the workday. Additional posting requirements apply to some workplaces.

2. Need for this bill?

According to the author, the CDC reports that, “34.9 % of California women and 31.1% of California men experience intimate partner physical violence, intimate partner sexual violence and/or intimate partner stalking in their lifetimes. In 2019, 47% of women murdered in the state were caused by intimate partner violence. Some victims of domestic violence don’t know where to go to seek resources, and their calls, texts, and internet history is often monitored by their abuser. The work place is often one of the few places the victim has away from their abuser.

This bill asks the Department of Labor and Industrial Relations to develop a poster for workplaces that will include the phone number for the national domestic violence hotline that can be a resource for victims of domestic violence. This poster will be available for employers to put up in breakrooms and offices but it is not a required posting.”

3. Proponent Arguments:

According to the sponsors of the measure, Domestic Violence Solutions for Santa Barbara County, “On average, nearly 20 people per minute are physically abused by an intimate partner in the United States. During one year, this equates to nearly 10 million people. In fact intimate partner violence accounts for 15% of all violent crime in this country. The prevalence of domestic violence has negative impacts on all parts of our society, including in the workplace. Survivors can be distracted at work, miss work, arrive late or leave early, and be more likely to leave the job. 54% of employers have reported that domestic abuse caused the quality of the employee’s work to suffer and 56% said it led to absenteeism.

SB 526 will ensure that employees have information readily available to them about how they can address the impacts an abusive relationship is having on their lives. By using the workplace poster system already in place, we can easily provide national and local contact information for domestic violence services directly to employees. This will potentially limit the negative impacts on the workplace that domestic violence can bring, and help increase productivity for California’s employers.

California will also be joining a number of other state’s that have already created domestic violence posters to be placed in the workplace, including Washington State. These states have already seen the benefit of this easy solution, and it is time that California join them in this endeavor.”

4. Opponent Arguments:

None received

5. Staff Comment:

The bill requires the Department of Industrial Relations to develop and prepare a poster on domestic violence prevention that employers may display in their workplace. Although this poster is not mandatory, it would contain important information that a victim of domestic violence may find helpful if they can understand it. Existing posting requirements regarding human trafficking are required to be printed in English, Spanish, and in one other language that is the most widely spoken language in the county where the establishment is located and for which translation is mandated by the federal Voting Rights Act (Civil Code Section 52.6)

The author may wish to consider requiring that DIR make this poster available in other languages in addition to English. Because the bill is only permissive, committee staff recommends the following language to require that DIR make the notice available in English, Spanish and other languages spoken by a substantial number of the population.

Amendment:

The department shall make the notice available in English, Spanish, and any other non-English languages spoken by a substantial number of the public served by the department, pursuant to the Dymally-Alatorre Bilingual Services Act, Government Code Sections 7290-7299.8. 

6. Prior/Related Legislation:

SB 1193 (Steinberg, Chapter 515, Statutes of 2012) requires specified businesses and other establishments to post a notice informing the public and victims of human trafficking of telephone hotline numbers to seek help or report unlawful activity. Additional requirements were added with the enactment of SB 225 (Stern, Chapter 565, Statues of 2017) and AB 260 (Santiago, Chapter 547, Statues of 2017). SB 225 requires the model notice to provide a specified number that victims can text for services and support, while AB 260 added hotels, motels, and bed and breakfast inns to the list of specified businesses required to post the model notice.

SUPPORT

Domestic Violence Solutions for Santa Barbara County (Sponsor)

OPPOSITION

None received

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